Arrested or Charged with Sexual Assault (C.R.S. § 18-3-402) in Colorado?

If you’ve been arrested for or charged with sexual assault in Colorado, you need to act fast. The state takes these charges seriously, and so should you.

What matters now is understanding what you’re up against: what the law actually says, what the prosecutor needs to prove, and what defenses might work in your case.

Don’t try to figure this out alone. You need a lawyer who’s fought these exact charges before and knows how to build a strong defense from day one. The sooner you get experienced legal help, the better your chances of protecting your future.

What is Sexual Assault Under C.R.S. § 18-3-402?

Colorado’s criminal code defines sexual assault as when an actor who knowingly inflicts sexual intrusion or sexual penetration on a victim under certain conditions. Now, that sounds pretty technical, so let’s put it in simpler terms: sexual assault is a class of felony that applies when consent is absent, compromised, or unclear.

Some of the most common scenarios where a victim commits sexual assault charges include:

• Force or threat — The actor causes submission of the victim through the actual application of physical force or the threat of imminent death.
• Victim impairment — The victim has not consented due to being physically helpless or unconscious, and the actor knows that the victim is in this state.
• Substantial impairment — The actor has substantially impaired the victim’s ability to resist by using drugs, alcohol, or another substance.
• Use of authority — The actor knows that the victim is under their care, such as a teacher, employer, or medical provider without a bona fide medical purpose.
• Use of a deadly weapon — If an actor is armed with a deadly weapon and uses it to intimidate or harm the victim, the charges are even more severe.

Felony Classifications: How Serious is the Charge?

Sexual assault is classified as a felony, but the class of felony depends on the time of the commission and the circumstances surrounding the offense. Here’s what you could be facing:

• Class 4 Felony: If there was no force or weapon involved, this could lead to 2 to 6 years in prison and fines up to $500,000.
• Class 3 Felony: If there was physical force, injury, or serious coercion, sentencing jumps to 4 to 12 years in prison with fines up to $750,000.
• Class 2 Felony: If a deadly weapon was involved or the victim suffered serious bodily injury, you could be looking at 8 to 24 years in prison and fines up to $1 million.
• Class 6 Felony: Certain types of unlawful sexual contact that do not involve penetration may fall into this category.
• Sexual Assault on a Child: If the victim is under 15, penalties increase even further.

And remember, convictions come with mandatory sex offender registration, and the court shall sentence the defendant in accordance with strict sentencing guidelines. The defendant is convicted under these laws will likely face a sentence in accordance with the provisions of Colorado’s crime of violence provisions.

False Accusations Happen

If you’ve been falsely accused of sexual assault, you’re not alone. It happens more often than people think. Whether it’s an act of revenge, a misunderstanding, or a relationship gone bad, an accusation can spiral into the commission of the act before you even have a chance to defend yourself.

Unfortunately, once the legal system gets involved, the situation becomes your word against theirs. And in cases like this, the prosecution isn’t looking for fairness—they’re looking for a conviction. That’s why having an aggressive criminal defense attorney in your corner can mean the difference between freedom and a prison sentence.

Defense Strategies for Colorado Sexual Assault Charges

1. Consent

One of the strongest defenses in sexual assault cases is proving that the act was consensual. Colorado law states that the victim must not have consented at the time of the act. However, proving consent can be tricky, especially in cases where alcohol or drugs were involved.

2. False Allegations & Motives

Not every accusation comes from a place of truth. Threatening to retaliate, custody battles, relationship conflicts, or even an attempt at revenge can lead to unfounded allegations. A skilled criminal defense lawyer will investigate the accuser’s statements and look for inconsistencies.

3. Lack of Evidence

In criminal cases, the burden of proof is on the prosecution. If they can’t produce solid, irrefutable evidence—such as DNA, witness testimony, or admissions by the accused—the case may fall apart.

What Happens After an Arrest?

The Process, Step by Step

1. The Arrest & Booking
   • You’ll be taken into custody, fingerprinted, and booked. You may have a bail hearing to determine if you’ll be released before trial.
2. Court Appearances Begin
   • Your first court appearance is the advisement hearing, where charges are formally presented. Later, a preliminary hearing will determine if there’s enough evidence to proceed.
3. Plea Negotiations or Trial
   • Depending on the evidence, your criminal defense lawyer may negotiate a plea deal or push the case to trial if you’re confident in fighting the charges.
4. Sentencing
   • If convicted, the court shall sentence the defendant according to state laws, which can range from probation to decades in prison.

Don’t Face This Alone—We Can Help

Being accused of sexual assault in Colorado is terrifying. But you don’t have to fight this battle by yourself. At Dawson Law Office, we know how to build powerful defenses that challenge the prosecution’s claims and fight for your rights.

If you or someone you love is facing sexual assault charges (C.R.S. § 18-3-402), contact us today for a confidential consultation. You have a future worth defending, and we’re here to help you do just that.